Stocks v Barre
| Jurisdiction | England & Wales |
| Judgment Date | 10 February 1859 |
| Date | 10 February 1859 |
| Court | High Court of Chancery |
English Reports Citation: 70 E.R. 336
HIGH COURT OF CHANCERY
S. C. 5 Jur. (N. S.) 537; 7 W. R. 247. See In re Egan [1899], 1 Ch. 698.
Will. Construction. "Money."
[54] stocks v. barre. Feb. 10, 1859. [S. C. 5 Jur. (N. S.) 537; 7 W. E. 247. See In re Egan [1899], 1 Ch. 698.] Will. Construction. ". In the absence of any other bequest of the residue of testator's personal estate and effects a bequest of any " money" which may remain after payment of his debts includes the general residue of the personal estate not specifically bequeathed, and which by law is liable to the payment of testator's debts. Such a bequest of "money," Held to pass testator's reversionary interest in a sum charged on real estate. (See In re Powell's 'Trust, supra, p. 49.) :, JOHNS. 55. STOCKS V. BABRE 337 Charles Edward Standish, late a lieutenant on board Her Majesty's ship Bonetta, stationed at Rio de Janeiro, made his will, dated the 8th of October 1853, as follows : -" Mr. P. Hue, of Eio de Janeiro, has in his possession a bill for 20, drawn by me on George Barker, No. 7 Gray's Inn Square, London. I have also my last quarterly bill. Out of these I desire that my debts on this station may be settled. I request that my eldest brother, Lionel Standish, will discharge my debt to Mr. Joseph Gait, outfitter, High Street, Portsmouth, and any other sums that I may owe in England. I desire that my effects may be sold by auction according to the custom of the service, with the exception of the following : 1st. My writing-desk with its contents ; 2d. My watch and chain ; 3d. My swords and both belts-which I bequeath to my cousin, Walter Strickland." Then, after expressing his faith in God, he concluded as follows : -" And further, I bequeath any money that may remain after the payment of my debts to my dear nurse, Fanny Barre, as a mark of my love and esteem; and I leave my love to all my relations and friends." The testator died on the 12th of October 1853 at sea, leaving the Defendant, Charles Standish, his father and sole next of kin, him surviving. The testator, when making his will and at the time of his death, was entitled in reversion expectant on the decease of his father to a sum of 3000, charged on real estate by an indenture dated 1845. - [55] Part of the 3000 was required for payment of the expenses of proving the testator's will and divers debts of the deceased. The bill, filed by the sole personal representative of the deceased, prayed that it might be...
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